Public Law 101-576—November 15, 1990

Chief Financial Officers Act of 1990

One Hundred First Congress of the United States of America AT THE SECOND SESSION Begun and
held at the City of Washington on Tuesday, the twenty-third day of January, one thousand nine hundred
and ninety An Act To amend title 31, United States Code, to improve the general and financial
management of the Federal Government.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled,

TITLE I—GENERAL PROVISIONS

SEC. 101. SHORT TITLE.

This Act may be cited as the Chief Financial Officers Act of 1990.

SEC. 102. FINDINGS AND PURPOSES.

(a) Findings.—The Congress finds the following:

1. General management functions of the Office of Management and Budget need to be significantly
enhanced to improve the efficiency and effectiveness of the Federal Government.
2. Financial management functions of the Office of Management and Budget need to be significantly
enhanced to provide overall direction and leadership in the development of a modern Federal
financial management structure and associated systems.
3. Billions of dollars are lost each year through fraud, waste, abuse, and mismanagement among the
hundreds of programs in the Federal Government.
4. These losses could be significantly decreased by improved management, including improved
central coordination of internal controls and financial accounting.
5. The Federal Government is in great need of fundamental reform in financial management
requirements and practices as financial management systems are obsolete and inefficient, and do
not provide complete, consistent, reliable, and timely information.
6. Current financial reporting practices of the Federal Government do not accurately disclose the
current and probable future cost of operating and investment decisions, including the future need
for cash or other, resources, do not permit adequate comparison of actual costs among executive
agencies, and do not provide the timely information required for efficient management of
programs.

(b) Purposes.—The purposes of this Act are the following:

1. Bring more effective general and financial management practices to the Federal Government
through statutory provisions which would establish in the Office of Management and Budget a
Deputy Director for Management, establish an Office of Federal Financial Management headed
by a Controller, and designate a Chief Financial Officer in each executive department and in each
major executive agency in the Federal Government.
 2. Provide for improvement, in each agency of the Federal Government, of systems of accounting,
financial management, and internal controls to assure the issuance of reliable financial
information and to deter fraud, waste, and abuse of Government resources.
3. Provide for the production of complete, reliable, timely, and consistent financial information for
use by the executive branch of the Government and the Congress in the financing, management,
and evaluation of Federal programs.

TITLE II—ESTABLISHMENT OF CHIEF FINANCIAL

OFFICERS
SEC. 201. DEPUTY DIRECTOR FOR MANAGEMENT.

Section 502 of title 31, United States Code, as amended by this Act, is amended—

1. by redesignating subsections (c), (d), and (e), as amended by this section, as subsections (d), (e),
and (f); and
2. by inserting after subsection (b) the following: (c) The Office has a Deputy Director for
Management appointed by the President, by and with the advice and consent of the Senate. The
Deputy Director for Management shall be the chief official responsible for financial management
in the United States Government.

SEC. 202. FUNCTIONS OF DEPUTY DIRECTOR FOR MANAGEMENT.

a. Clerical Amendments.—Sections 503 and 504 of title 31, United States Code, are redesignated in
order as sections 505 and 506, respectively.
b. Functions of Deputy Director for Management.—Subchapter I of chapter 5 of title 31, United States
Code, is amended by inserting after section 502 the following:

Sec. 503. Functions of Deputy Director for Management

a. Subject to the direction and approval of the Director, the Deputy Director for Management shall
establish governmentwide financial management policies for executive agencies and shall perform
the following financial management functions:
1. Perform all functions of the Director, including all functions delegated by the President to
the Director, relating to financial management.
2. Provide overall direction and leadership to the executive branch on financial management
matters by establishing financial management policies and requirements, and by monitoring
the establishment and operation of Federal Government financial management systems.
3. Review agency budget requests for financial management systems and operations, and
advise the Director on the resources required to develop and effectively operate and
maintain Federal Government financial management systems and to correct major
deficiencies in such systems.
4. Review and, where appropriate, recommend to the Director changes to the budget and
legislative proposals of agencies to ensure that they are in accordance with financial
management plans of the Office of Management and Budget.
5. Monitor the financial execution of the budget in relation to actual expenditures, including
timely performance reports.
6. Oversee, periodically review, and make recommendations to heads of agencies on the
 administrative structure of agencies with respect to their financial management activities.
7. Develop and maintain qualification standards for agency Chief Financial Officers and for
agency Deputy Chief Financial Officers appointed under sections 901 and 903, respectively.
8. Provide advice to agency heads with respect to the selection of agency Chief Financial
Officers and Deputy Chief Financial Officers.
9. Provide advice to agencies regarding the qualifications, recruitment, performance, and
retention of other financial management personnel.
10. Assess the overall adequacy of the professional qualifications and capabilities of financial
management staffs throughout the Government and make recommendations on ways to
correct problems which impair the capacity of those staffs.
11. Settle differences that arise among agencies regarding the implementation of financial
management policies.
12. Chair the Chief Financial Officers Council established by section 302 of the Chief Financial
Officers Act of 1990.
13. Communicate with the financial officers of State and local governments, and foster the
exchange with those officers of information concerning financial management standards,
techniques, and processes.
14. Issue such other policies and directives as may be necessary to carry out this section, and
perform any other function prescribed by the Director.
b. Subject to the direction and approval of the Director, the Deputy Director for Management shall
establish general management policies for executive agencies and perform the following general
management functions:
1. Coordinate and supervise the general management functions of the Office of Management
and Budget.
2. Perform all functions of the Director, including all functions delegated by the President to
the Director, relating to—
A. managerial systems, including the systematic measurement of performance;
B. procurement policy;
C. grant, cooperative agreement, and assistance management;
D. information and statistical policy;
E. property management;
F. human resources management;
G. regulatory affairs; and
H. other management functions, including organizational studies, long-range planning,
program evaluation, productivity improvement, and experimentation and
demonstration programs.
3. Provide complete, reliable, and timely information to the President, the Congress, and the
public regarding the management activities of the executive branch.
4. Facilitate actions by the Congress and the executive branch to improve the management of
Federal Government operations and to remove impediments to effective administration.
5. Provide leadership in management innovation, through—
(A) experimentation, testing, and demonstration programs; and
(B) the adoption of modern management concepts and technologies.
6. Work with State and local governments to improve and strengthen intergovernmental
relations, and provide assistance to such governments with respect to intergovernmental
programs and cooperative arrangements.
7. Review and, where appropriate, recommend to the Director changes to the budget and
legislative proposals of agencies to ensure that they respond to program evaluations by, and
are in accordance with general management plans of, the Office of Management and
Budget.
8. Provide advice to agencies on the qualification, recruitment, performance, and retention of
 managerial personnel.
9. perform any other functions prescribed by the Director.

SEC. 203. OFFICE OF FEDERAL FINANCIAL MANAGEMENT.

a. Establishment.—Subchapter I of chapter 5 of title 31, United States Code, as amended by this Act,
is amended by inserting after section 503 (as added by section 202 of this Act) the following: Sec.
504. Office of Federal Financial Management
a. There is established in the Office of Management and Budget an office to be known as the
'Office of Federal Financial Management'. The Office of Federal Financial Management,
under the direction and control of the Deputy Director for Management of the Office of
Management and Budget, shall carry out the financial management functions listed in
section 503(a) of this title.
b. There shall be at the head of the Office of Federal Financial Management a Controller, who
shall be appointed by the President, by and with the advice and consent of the Senate. The
Controller shall be appointed from among individuals who possess—
1. demonstrated ability and practical experience in accounting, financial management,
and financial systems; and
2. extensive practical experience in financial management in large governmental or
business entities.
c. The Controller of the Office of Federal Financial Management shall be the deputy and
principal advisor to the Deputy Director for Management in the performance by the Deputy
Director for Management of functions described in section 503(a).
b. Statement of Appropriations in Budget.—Section 1105(a) of title 31, United States Code, is
amended by adding at the end the following: (28) a separate statement of the amount of
appropriations requested for the Office of Federal Financial Management.
c. Clerical Amendment.—The table of contents at the beginning of chapter 5 of title 31, United States
Code, is amended by striking the items relating to sections 503 and 504 and inserting the
following: 503. Functions of Deputy Director for Management. 504. Office of Federal Financial
Management. 505. Office of Information and Regulatory Affairs. 506. Office of Federal
Procurement Policy.

SEC. 204. DUTIES AND FUNCTIONS OF THE DEPARTMENT OF THE

TREASURY.

Nothing in this Act shall be construed to interfere with the exercise of the functions, duties, and
responsibilities of the Department of the Treasury, as in effect immediately before the enactment of this
Act.

SEC. 205. AGENCY CHIEF FINANCIAL OFFICERS.

(a) In General.—Subtitle I of title 31, United States Code, is amended by adding at the end the following
new chapter:

Chapter 9—Agency Chief Financial Officers

Sec.
901. Establishment of agency Chief Financial Officers.
902. Authority and functions of agency Chief Financial Officers.
903. Establishment of agency Deputy Chief Financial Officers.
Sec. 901. Establishment of agency Chief Financial Officers

a. There shall be within each agency described in subsection (b) an agency Chief Financial Officer.
Each agency Chief Financial Officer shall—
1. for those agencies described in subsection (b)(1)—
A. be appointed by the President, by and with the advice and consent of the Senate; or
B. be designated by the President, in consultation with the head of the agency, from
among officials of the agency who are required by law to be so appointed;
2. for those agencies described in subsection (b)(2)—
A. be appointed by the head of the agency;
B. be in the competitive service or the senior executive service; and
C. be career appointees; and
3. be appointed or designated, as applicable, from among individuals who possess
demonstrated ability in general management of, and knowledge of and extensive practical
experience in financial management practices in large governmental or business entities.
b.
1. The agencies referred to in subsection (a)(1) are the following:
(A) The Department of Agriculture.
(B) The Department of Commerce.
(C) The Department of Defense.
(D) The Department of Education.
(E) The Department of Energy.
(F) The Department of Health and Human Services.
(G) The Department of Housing and Urban Development.
(H) The Department of the Interior.
(I) The Department of Justice.
(J) The Department of Labor.
(K) The Department of State.
(L) The Department of Transportation.
(M) The Department of the Treasury.
(N) The Department of Veterans Affairs.
(O) The Environmental Protection Agency.
(P) The National Aeronautics and Space Administration.

2. The agencies referred to in subsection (a)(2) are the following:

(A) The Agency for International Development.
(B) The Federal Emergency Management Agency.
(C) The General Services Administration.
(D) The National Science Foundation.
(E) The Nuclear Regulatory Commission.
(F) The Office of Personnel Management.
(G) The Small Business Administration.

Sec. 902. Authority and functions of agency Chief Financial Officers

a. An agency Chief Financial Officer shall—

1. report directly to the head of the agency regarding financial management matters;
2. oversee all financial management activities relating to the programs and operations of the
agency;
3. develop and maintain an integrated agency accounting and financial management system,
including financial reporting and internal controls, which—
 A. complies with applicable accounting principles, standards, and requirements, and
internal control standards;
B. complies with such policies and requirements as may be prescribed by the Director of
the Office of Management and Budget;
C. complies with any other requirements applicable to such systems; and
D. provides for—
i. complete, reliable, consistent, and timely information which is prepared on a
uniform basis and which is responsive to the financial information needs of
agency management;
ii. the development and reporting of cost information;
iii. the integration of accounting and budgeting information; and
iv. the systematic measurement of performance;
4. make recommendations to the head of the agency regarding the selection of the Deputy
Chief Financial Officer of the agency;
5. direct, manage, and provide policy guidance and oversight of agency financial management
personnel, activities, and operations, including—
A. the preparation and annual revision of an agency plan to—(i) implement the 5-year
financial management plan prepared by the Director of the Office of Management and
Budget under section 3512(a)(3) of this title; and (ii) comply with the requirements
established under sections 3515 and subsections (e) and (f) of section 3521 of this
title;
B. the development of agency financial management budgets;
C. the recruitment, selection, and training of personnel to carry out agency financial
management functions;
D. the approval and management of agency financial management systems design or
enhancement projects;
E. the implementation of agency asset management systems, including systems for cash
management, credit management, debt collection, and property and inventory
management and control;
6. prepare and transmit, by not later than 60 days afterthe submission of the audit report
required by section 3521(f) of this title, an annual report to the agency head and the Director
of the Office of Management and Budget, which shall include—
A. a description and analysis of the status of financial management of the agency;
B. the annual financial statements prepared under section 3515 of this title;
C. the audit report transmitted to the head of the agency under section 3521(f) of this
title;
D. a summary of the reports on internal accounting and administrative control systems
submitted to the President and the Congress under the amendments made by the
Federal Managers' Financial Integrity Act of 1982 (Public Law 97–255); and
E. other information the head of the agency considers appropriate to fully inform the
President and the Congress concerning the financial management of the agency;
7. monitor the financial execution of the budget of the agency in relation to actual
expenditures, and prepare and submit to the head of the agency timely performance reports;
and
8. review, on a biennial basis, the fees, royalties, rents, and other charges imposed by the
agency for services and things of value it provides, and make recommendations on revising
those charges to reflect costs incurred by it in providing those services and things of value.
b.
1. In addition to the authority otherwise provided by this section, each agency Chief Financial
Officer—
A. subject to paragraph (2), shall have access to all records, reports, audits, reviews,
 documents, papers, recommendations, or other material which are the property of the
agency or which are available to the agency, and which relate to programs and
operations with respect to which that agency Chief Financial Officer has
responsibilities under this section;
B. may request such information or assistance as may be necessary for carrying out the
duties and responsibilities provided by this section from any Federal, State, or local
governmental entity; and
C. to the extent and in such amounts as may be provided in advance by appropriations
Acts, may—
i. enter into contracts and other arrangements with public agencies and with
private persons for the preparation of financial statements, studies, analyses,
and other services; and
ii. make such payments as may be necessary to carry out the provisions of this
section.
2. Except as provided in paragraph (1)(B), this subsection does not provide to an agency Chief
Financial Officer any access greater than permitted under any other law to records, reports,
audits, reviews, documents, papers, recommendations, or other material of any Office of
Inspector General established under the Inspector General Act of 1978 (5 U.S.C. App.).

Sec. 903. Establishment of agency Deputy Chief Financial Officers

a. There shall be within each agency described in section 901(b) an agency Deputy Chief Financial
Officer, who shall report directly to the agency Chief Financial Officer on financial management
matters. The position of agency Deputy Chief Financial Officer shall be a career reserved position
in the Senior Executive Service.
b. Consistent with qualification standards developed by, and in consultation with, the agency Chief
Financial Officer and the Director of the Office of Management and Budget, the head of each
agency shall appoint as Deputy Chief Financial Officer an individual with demonstrated ability
and experience in accounting, budget execution, financial and management analysis, and systems
development, and not less than 6 years practical experience in financial management at large
governmental entities. (b) Clerical Amendment.—The table of chapters at the beginning of subtitle
I of title 31, United States Code, is amended by adding at the end the following:
9. Agency Chief Financial Officers............................... 901..
c. Chief Financial Officers of Department of Veterans Affairs and Department of Housing and
Urban Development.—
1. Designation.—The Secretary of Veterans Affairs and the Secretary of Housing and Urban
Development may each designate as the agency Chief Financial Officer of that department
for purposes of section 901 of title 31, United States Code, as amended by this section, the
officer designated, respectively, under section 4(c) of the Department of Veterans Affairs
Act (38 U.S.C. 201 note) and section 4(e) of the Department of Housing and Urban
Development Act (42 U.S.C. 3533(e)), as in effect before the effective date of this Act.
2. Conforming amendment.—Section 4(c) of the Department of Veterans Affairs Act (38
U.S.C. 201 note) and section 4(e) of the Department of Housing and Urban Development
Act (42 U.S.C. 3533(e)), as added by section 121 of Public Law 101-235, are repealed.

SEC. 206. TRANSFER OF FUNCTIONS AND PERSONNEL OF AGENCY CHIEF

FINANCIAL OFFICERS.

a. Agency Reviews of Financial Management Activities.—Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of Management and Budget shall require each
 agency listed in subsection (b) of section 901 of title 31, United States Code, as amended by this
Act, to conduct a review of its financial management activities for the purpose of consolidating its
accounting, budgeting, and other financial management activities under the agency Chief
Financial Officer appointed under subsection (a) of that section for the agency.
b. Reorganization Proposal.—Not later than 120 days after the issuance of requirements under
subsection (a) and subject to all laws vesting functions in particular officers and employees of the
United States, the head of each agency shall submit to the Director of the Office of Management
and Budget a proposal for reorganizing the agency for the purposes of this Act. Such proposal
shall include—(1) a description of all functions, powers, duties, personnel, property, or records
which the agency Chief Financial Officer is proposed to have authority over, including those
relating to functions that are not related to financial management activities; and (2) a detailed
outline of the administrative structure of the office of the agency Chief Financial Officer,
including a description of the responsibility and authority of financial management personnel and
resources in agencies or other subdivisions as appropriate to that agency.
c. Review and Approval of Proposal.—Not later than 60 days after receiving a proposal from the
head of an agency under subsection (b), the Director of the Office of Management and Budget
shall approve or disapprove the proposal and notify the head of the agency of that approval or
disapproval. The Director shall approve each proposal which establishes an agency Chief
Financial Officer in conformance with section 901 of title 31, United States Code, as added by
this Act, and which establishes a financial management structure reasonably tailored to the
functions of the agency. Upon approving or disapproving a proposal of an agency under this
section, the Director shall transmit to the head of the agency a written notice of that approval or
disapproval.
d. Implementation of Proposal.—Upon receiving written notice of approval of a proposal under this
section from the Director of the Office of Management and Budget, the head of an agency shall
implement that proposal.

SEC. 207. COMPENSATION.

a. Compensation, Level II.—Section 5313 of title 5, United States Code, is amended by adding at the
end the following: Deputy Director for Management, Office of Management and Budget.
b. Compensation, Level III.—Section 5314 of title 5, United States Code, is amended by adding at
the end the following: Controller, Office of Federal Financial Management, Office of
Management and Budget.
c. Compensation, Level IV.—Section 5315 of title 5, United States Code, is amended by adding at
the end the following:
Chief Financial Officer, Department of Agriculture.
Chief Financial Officer, Department of Commerce.
Chief Financial Officer, Department of Defense.
Chief Financial Officer, Department of Education.
Chief Financial Officer, Department of Energy.
Chief Financial Officer, Department of Health and Human Services.
Chief Financial Officer, Department of Housing and Urban Development.
Chief Financial Officer, Department of the Interior.
Chief Financial Officer, Department of Justice.
Chief Financial Officer, Department of Labor.
Chief Financial Officer, Department of State.
Chief Financial Officer, Department of Transportation.
Chief Financial Officer, Department of the Treasury.
Chief Financial Officer, Department of Veterans Affairs.
Chief Financial Officer, Environmental Protection Agency.
 Chief Financial Officer, National Aeronautics and Space Administration.

TITLE III—ENHANCEMENT OF FEDERAL FINANCIAL

MANAGEMENT ACTIVITIES
SEC. 301. FINANCIAL MANAGEMENT STATUS REPORT; 5-YEAR PLAN OF
DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET.

(a) In General.—Section 3512 of title 31, United States Code, is amended by striking the heading thereof,
redesignating subsections (a) through (f) in order as subsections (b) through (g), and by inserting before
such subsection (b), as so redesignated, the following:
*****

a.
1. The Director of the Office of Management and Budget shall prepare and submit to the
appropriate committees of the Congress a financial management status report and a
governmentwide 5-year financial management plan.
2. A financial management status report under this subsection shall include—
A. a description and analysis of the status of financial management in the executive
branch;
B. a summary of the most recently completed financial statements—(i) of Federal
agencies under section 3515 of this title; and (ii) of Government corporations;
C. a summary of the most recently completed financial statement audits and reports—
(i) of Federal agencies under section 3521 (e) and (f) of this title; and
(ii) of Government corporations;
D. a summary of reports on internal accounting and administrative control systems
submitted to the President and the Congress under the amendments made by the
Federal Managers' Financial Integrity Act of 1982 (Public Law 97–255); and
E. any other information the Director considers appropriate to fully inform the Congress
regarding the financial management of the Federal Government.
3.
1. A governmentwide 5-year financial management plan under this subsection shall
describe the activities the Director, the Deputy Director for Management, the
Controller of the Office of Federal Financial Management, and agency Chief
Financial Officers shall conduct over the next 5 fiscal years to improve the financial
management of the Federal Government.
2. Each governmentwide 5-year financial management plan prepared under this
subsection shall—
i. describe the existing financial management structure and any changes needed
to establish an integrated financial management system;
ii. be consistent with applicable accounting principles, standards, and
requirements;
iii. provide a strategy for developing and integrating individual agency accounting,
financial information, and other financial management systems to ensure
adequacy, consistency, and timeliness of financial information;
iv. identify and make proposals to eliminate duplicative and unnecessary systems,
including encouraging agencies to share systems which have sufficient capacity
to perform the functions needed;
v. identify projects to bring existing systems into compliance with the applicable
 standards and requirements;
vi. contain milestones for equipment acquisitions and other actions necessary to
implement the 5-year plan consistent with the requirements of this section;
vii. identify financial management personnel needs and actions to ensure those
needs are met;
viii. include a plan for ensuring the annual audit of financial statements of executive
agencies pursuant to section 3521(h) of this title; and
ix. estimate the costs of implementing the governmentwide 5-year plan.
4.
A. Not later than 15 months after the date of the enactment of this subsection, the
Director of the Office of Management and Budget shall submit the first financial
management status report and governmentwide 5-year financial management plan
under this subsection to the appropriate committees of the Congress.
B. (i) Not later than January 31 of each year thereafter, the Director of the Office of
Management and Budget shall submit to the appropriate committees of the Congress
a financial management status report and a revised governmentwide 5-year financial
management plan to cover the succeeding 5 fiscal years, including a report on the
accomplishments of the executive branch in implementing the plan during the
preceding fiscal year. (ii) The Director shall include with each revised
governmentwide 5-year financial management plan a description of any substantive
changes in the financial statement audit plan required by paragraph (3)(B)(viii),
progress made by executive agencies in implementing the audit plan, and any
improvements in Federal Government financial management related to preparation
and audit of financial statements of executive agencies.
5. Not later than 30 days after receiving each annual report under section 902(a)(6) of this title,
the Director shall transmit to the Chairman of the Committee on Government Operations of
the House of Representatives and the Chairman of the Committee on Governmental Affairs
of the Senate a final copy of that report and any comments on the report by the Director.
b. Clerical Amendment.—The table of contents at the beginning of chapter 35 of title 31, United
States Code, is amended by striking the item relating to section 3512 and inserting the following:
3512. Executive agency accounting and other financial management reports and plans.

SEC. 302. CHIEF FINANCIAL OFFICERS COUNCIL.

a. Establishment.—There is established a Chief Financial Officers Council, consisting of—

1. the Deputy Director for Management of the Office of Management and Budget, who shall
act as chairperson of the council;
2. the Controller of the Office of Federal Financial Management of the Office of Management
and Budget;
3. the Fiscal Assistant Secretary of Treasury; and
4. each of the agency Chief Financial Officers appointed under section 901 of title 31, United
States Code, as amended by this Act.
b. Functions.—The Chief Financial Officers Council shall meet periodically to advise and coordinate
the activities of the agencies of its members on such matters as consolidation and modernization
of financial systems, improved quality of financial information, financial data and information
standards, internal controls, legislation affecting financial operations and organizations, and any
other financial management matter.

SEC. 303. FINANCIAL STATEMENTS OF AGENCIES.

a. Preparation of Financial Statements.—
1. In general.—Subchapter II of chapter 35 of title 31, United States Code, is amended by
adding at the end the following: Sec. 3515. Financial statements of agencies
a. Not later than March 31 of 1992 and each year thereafter, the head of each executive
agency identified in section 901(b) of this title shall prepare and submit to the
Director of the Office of Management and Budget a financial statement for the
preceding fiscal year, covering—
1. each revolving fund and trust fund of the agency; and
2. to the extent practicable, the accounts of each office, bureau, and activity of the
agency which performed substantial commercial functions during the preceding
fiscal year.
b. Each financial statement of an executive agency under this section shall reflect—
1. the overall financial position of the revolving funds, trust funds, offices,
bureaus, and activities covered by the statement, including assets and liabilities
thereof;
2. results of operations of those revolving funds, trust funds, offices, bureaus, and
activities;
3. cash flows or changes in financial position of those revolving funds, trust
funds, offices, bureaus, and activities; and
4. a reconciliation to budget reports of the executive agency for those revolving
funds, trust funds, offices, bureaus, and activities.
c. The Director of the Office of Management and Budget shall prescribe the form and
content of the financial statements of executive agencies under this section, consistent
with applicable accounting principles, standards, and requirements.
d. For purposes of this section, the term 'commercial functions' includes buying and
leasing of real estate, providing insurance, making loans and loan guarantees, and
other credit programs and any activity involving the provision of a service or thing of
value for which a fee, royalty, rent, or other charge is imposed by an agency for
services and things of value it provides.
e. Not later than March 31 of each year, the head of each executive agency designated
by the President may prepare and submit to the Director of the Office of Management
and Budget a financial statement for the preceding fiscal year, covering accounts of
offices, bureaus, and activities of the agency in addition to those described in
subsection (a).
2. Effective date of subsection.—Subsection (e) of section 3515 of title 31, United States Code,
as added by paragraph (1), shall take effect on the date on which a resolution described in
subsection (b)(1) of this section is passed by the Congress and approved by the President.
3. Waiver of requirement.—The Director of the Office of Management and Budget may, for
fiscal year 1991, waive the application of section 3515(a) of title 31, United States Code, as
amended by this subsection, with respect to any revolving fund, trust fund, or account of an
executive agency.
b. Resolution Approving Designation of Agencies.—
1. Resolution described.—A resolution referred to in subsection (a)(2) is a joint resolution the
matter after the resolving clause of which is as follows: That the Congress approves the
executive agencies designated by the President pursuant to section 3515(e) of title 31,
United States Code.
2. Introduction of resolution.—No later than the first day of session following the day on which
the President submits to the Congress a designation of executive agencies authorized to
submit financial statements under section 3515(e) of title 31, United States Code, as added
by subsection (a), a resolution as described in paragraph (1) shall be introduced (by request)
in the House by the chairman of the Committee on Government Operations of the House of
 Representatives, or by a Member or Members of the House designated by such chairman;
and shall be introduced (by request) in the Senate by the chairman of the Committee on
Governmental Affairs of the Senate, or by a Member or Members of the Senate designated
by such chairman.
3. Referral.—A resolution described in paragraph (1), shall be referred to the Committee on
Governmental Affairs of the Senate and the Committee on Government Operations of the
House (and all resolutions with respect to the same designation of executive agencies shall
be referred to the same committee) by the President of the Senate or the Speaker of the
House of Representatives, as the case may be. The committee shall make its
recommendations to the House of Representatives or the Senate, respectively, within 60
calendar days of continuous session of the Congress following the date of such resolution's
introduction.
4. Discharge of Committee.—If the committee to which is referred a resolution introduced
pursuant to paragraph (2) (or, in the absence of such a resolution, the first resolution
introduced with respect to the same designation of executive agencies) has not reported
such resolution or identical resolution at the end of 60 calendar days of continuous session
of the Congress after its introduction, such committee shall be deemed to be discharged
from further consideration of such resolution and such resolution shall be placed on the
appropriate calendar of the House involved.
5. Procedure after report or discharge of committee; vote on final passage.—
A. When the committee has reported, or has been deemed to be discharged (under
paragraph (4)) from further consideration of, a resolution described in paragraph (1),
it is at any time thereafter in order (even though a previous motion to the same effect
has been disagreed to) for any Member of the respective House to move to proceed to
the consideration of the resolution. The motion is highly privileged and is not
debatable. The motion shall not be subject to amendment, or to a motion to postpone,
or a motion to proceed to the consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed to shall not be in order. If a
motion to proceed to the consideration of the resolution is agreed to, the resolution
shall remain the unfinished business of the respective House until disposed of.
B. Debate on the resolution, and on all debatable motions and appeals in connection
therewith, shall be limited to not more than 10 hours, which shall be divided equally
between individuals favoring and individuals opposing the resolution. A motion
further to limit debate is in order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of other business, or a motion to
recommit the resolution is not in order. A motion to reconsider the vote by which the
resolution is passed or rejected shall not be in order.
C. Immediately following the conclusion of the debate on the resolution and a single
quorum call at the conclusion of the debate if requested in accordance with the rules
of the appropriate House, the vote on final passage of the resolution shall occur.
D. Appeals from the decisions of the Chair relating to the application of the rules of the
Senate or the House of Representatives, as the case may be, to the procedure relating
to a resolution described in paragraph (1), shall be decided without debate.
E. If, prior to the passage by one House of a resolution of that House, that House
receives a resolution with respect to the same designation of executive agencies from
the other House, then—(i) the procedure in that House shall be the same as if no
resolution had been received from the other House; but (ii) the vote on final passage
shall be on the resolution of the other House.
F. It shall not be in order in either the House of Representatives or the Senate to consider
a resolution described in paragraph (1), or to consider any conference report on such a
resolution, unless the Director of the Office of Management and Budget submits to
 the Congress a report under subsection (e).
c. Report on Substantial Commercial Functions.—Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Management and Budget shall determine and
report to the Congress on which executive agencies or parts thereof perform substantial
commercial functions for which financial statements can be prepared practicably under section
3515 of title 31, United States Code, as added by this section.
d. Pilot Project.—
1. Not later than March 31 of each of 1991, 1992, and 1993, the head of the Departments of
Agriculture, Labor, and Veterans Affairs, the General Services Administration, and the
Social Security Administration shall each prepare and submit to the Director of the Office
of Management and Budget financial statements for the preceding fiscal year for the
accounts of all of the offices, bureaus, and activities of that department or administration.
2. Not later than March 31 of each of 1992 and 1993, the head of the Departments of Housing
and Urban Development and the Army shall prepare and submit to the Director of the
Office of Management and Budget financial statements for the preceding fiscal year for the
accounts of all of the offices, bureaus, and activities of that department.
3. Not later than March 31, 1993, the head of the Department of the Air Force, the Internal
Revenue Service, and the United States Customs Service, shall each prepare and submit to
the Director of the Office of Management and Budget financial statements for the preceding
fiscal year for the accounts of all of the offices, bureaus, and activities of that department or
service.
4. Each financial statement prepared under this subsection shall be audited in accordance with
section 3521 (e), (f), (g), and (h) of title 31, United States Code.
e. Report on Initial Financial Statements.—Not later than June 30, 1993, the Director of the Office of
Management and Budget shall report to the Congress on the financial statements prepared for
fiscal years 1990, 1991, and 1992 under subsection (a) of section 3515 of title 31, United States
Code (as added by subsection (a) of this section) and under subsection (d) of this section. The
report shall include analysis of—
1. the accuracy of the data included in the financial statements;
2. the difficulties each department and agency encountered in preparing the data included in
the financial statements;
3. the benefits derived from the preparation of the financial statements; and
4. the cost associated with preparing and auditing the financial statements, including a
description of any activities that were foregone as a result of that preparation and auditing.
f. Clerical Amendment.—The table of sections at the beginning of chapter 35 of title 31, United
States Code, is amended by inserting after the item relating to section 3514 the following: 3515.
Financial statements of agencies.

SEC. 304. FINANCIAL AUDITS OF AGENCIES.

a. In General.—Section 3521 of title 31, United States Code, is amended by adding at the end the
following new subsections: (e) Each financial statement prepared under section 3515 by an
agency shall be audited in accordance with applicable generally accepted government auditing
standards—(1) in the case of an agency having an Inspector General appointed under the Inspector
General Act of 1978 (5 U.S.C. App.), by the Inspector General or by an independent external
auditor, as determined by the Inspector General of the agency; and (2) in any other case, by an
independent external auditor, as determined by the head of the agency. (f) Not later than June 30
following the fiscal year for which a financial statement is submitted under section 3515 of this
title by an agency, the person who audits the statement for purpose of subsection (e) shall submit a
report on the audit to the head of the agency. A report under this subsection shall be prepared in
accordance with generally accepted government auditing standards. (g) The Comptroller General
 of the United States—(1) may review any audit of a financial statement conducted under this
subsection by an Inspector General or an external auditor; (2) shall report to the Congress, the
Director of the Office of Management and Budget, and the head of the agency which prepared the
statement, regarding the results of the review and make any recommendation the Comptroller
General considers appropriate; and (3) may audit a financial statement prepared under section
3515 of this title at the discretion of the Comptroller General or at the request of a committee of
the Congress. An audit the Comptroller General performs under this subsection shall be in lieu of
the audit otherwise required by subsection (e) of this section. Prior to performing such audit, the
Comptroller General shall consult with the Inspector General of the agency which prepared the
statement. (h) Each financial statement prepared by an executive agency for a fiscal year after
fiscal year 1991 shall be audited in accordance with this section and the plan required by section
3512(a)(3)(B)(viii) of this title.
b. Waiver of Requirements.—The Director of the Office of Management and Budget may waive
application of subsections (e) and (f) of section 3521 of title 31, United States Code, as amended
by this section, to a financial statement submitted by an agency for fiscal years 1990 and 1991.

SEC. 305. FINANCIAL AUDITS OF GOVERNMENT CORPORATIONS.

Section 9105 of title 31, United States Code, is amended to read as follows: Sec. 9105. Audits

a.
1. The financial statements of Government corporations shall be audited by the Inspector
General of the corporation appointed under the Inspector General Act of 1978 (5 U.S.C.
App.) or by an independent external auditor, as determined by the Inspector General or, if
there is no Inspector General, by the head of the corporation.
2. Audits under this section shall be conducted in accordance with applicable generally
accepted government auditing standards.
3. Upon completion of the audit required by this subsection, the person who audits the
statement shall submit a report on the audit to the head of the Government corporation, to
the Chairman of the Committee on Government Operations of the House of
Representatives, and to the Chairman of the Committee on Governmental Affairs of the
Senate.
4. The Comptroller General of the United States—
A. may review any audit of a financial statement conducted under this subsection by an
Inspector General or an external auditor;
B. shall report to the Congress, the Director of the Office of Management and Budget,
and the head of the Government corporation which prepared the statement, regarding
the results of the review and make any recommendation the Comptroller General of
the United States considers appropriate; and
C. may audit a financial statement of a Government corporation at the discretion of the
Comptroller General or at the request of a committee of the Congress. An audit the
Comptroller General performs under this paragraph shall be in lieu of the audit
otherwise required by paragraph (1) of this subsection. Prior to performing such
audit, the Comptroller General shall consult with the Inspector General of the agency
which prepared the statement.
5. A Government corporation shall reimburse the Comptroller General of the United States for
the full cost of any audit conducted by the Comptroller General under this subsection, as
determined by the Comptroller General. All reimbursements received under this paragraph
by the Comptroller General of the United States shall be deposited in the Treasury as
miscellaneous receipts.
b. Upon request of the Comptroller General of the United States, a Government corporation shall
 provide to the Comptroller General of the United States all books, accounts, financial records,
reports, files, work papers, and property belonging to or in use by the Government corporation
and its auditor that the Comptroller General of the United States considers necessary to the
performance of any audit or review under this section.
c. Activities of the Comptroller General of the United States under this section are in lieu of any
audit of the financial transactions of a Government corporation that the Comptroller General is
required to make under any other law.

SEC. 306. MANAGEMENT REPORTS OF GOVERNMENT CORPORATIONS.

a. In General.—Section 9106 of title 31, United States Code, is amended to read as follows: Sec.
9106. Management reports
a.
1. A Government corporation shall submit an annual management report to the
Congress not later than 180 days after the end of the Government corporation's fiscal
year.
2. A management report under this subsection shall include—
A. a statement of financial position;
B. a statement of operations;
C. a statement of cash flows;
D. a reconciliation to the budget report of the Government corporation, if
applicable;
E. a statement on internal accounting and administrative control systems by the
head of the management of the corporation, consistent with the requirements
for agency statements on internal accounting and administrative control
systems under the amendments made by the Federal Managers' Financial
Integrity Act of 1982 (Public Law 97–255);
F. the report resulting from an audit of the financial statements of the corporation
conducted under section 9105 of this title; and
G. any other comments and information necessary to inform the Congress about
the operations and financial condition of the corporation.
b. A Government corporation shall provide the President, the Director of the Office of
Management and Budget, and the Comptroller General of the United States a copy of the
management report when it is submitted to Congress.
b. Clerical Amendment.—The table of sections for chapter 91 of title 31, United States Code, is
amended by striking the item relating to section 9106 and inserting the following: 9106.
Management reports.

SEC. 307. ADOPTION OF CAPITAL ACCOUNTING STANDARDS.

No capital accounting standard or principle, including any human capital standard or principle, shall be
adopted for use in an executive department or agency until such standard has been reported to the
Congress and a period of 45 days of continuous session of the Congress has expired.
 PUBLIC LAW 108–330—OCT. 16, 2004 118 STAT. 1275

Public Law 108–330

108th Congress
An Act
To amend title 31, United States Code, to improve the financial accountability
requirements applicable to the Department of Homeland Security, to establish Oct. 16, 2004
requirements for the Future Years Homeland Security Program of the Department, [H.R. 4259]
and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, Department of
Homeland
SECTION 1. SHORT TITLE. Security
Financial
This Act may be cited as ‘‘Department of Homeland Security Accountability
Financial Accountability Act’’. Act.
6 USC 101 note.
SEC. 2. FINDINGS. 6 USC 342 note.
The Congress finds the following:
(1) Influential financial management leadership is of vital
importance to the mission success of the Department of Home-
land Security. For this reason, the Chief Financial Officer of
the Department must be a key figure in the Department’s
management.
(2) To provide a sound financial leadership structure, the
provisions of law enacted by the Chief Financial Officers Act
of 1990 (Public Law 101–576) provide that the Chief Financial
Officer of each of the Federal executive departments is to
be a Presidential appointee who reports directly to the Secretary
of that department on financial management matters. Because
the Department of Homeland Security was only recently cre-
ated, the provisions enacted by that Act must be amended
to include the Department within these provisions.
(3) The Department of Homeland Security was created
by consolidation of 22 separate Federal agencies, each with
its own accounting and financial management system. None
of these systems was developed with a view to executing the
mission of the Department of Homeland Security to prevent
terrorist attacks within the United States, reduce the Nation’s
vulnerability to terrorism, and minimize the damage and assist
in the recovery from terrorist attacks. For these reasons, a
strong Chief Financial Officer is needed within the Department
both to consolidate financial management operations, and to
insure that management control systems are comprehensively
designed to achieve the mission and execute the strategy of
the Department.
(4) The provisions of law enacted by the Chief Financial
Officers Act of 1990 require agency Chief Financial Officers
to improve the financial information available to agency man-
agers and the Congress. Those provisions also specify that

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 118 STAT. 1276 PUBLIC LAW 108–330—OCT. 16, 2004

agency financial management systems must provide for the

systematic measurement of performance. In the case of the
Department of Homeland Security, therefore, it is vitally impor-
tant that management control systems be designed with a
clear view of a homeland security strategy, including the prior-
ities of the Department in addressing those risks of terrorism
deemed most significant based upon a comprehensive assess-
ment of potential threats, vulnerabilities, criticality, and con-
sequences. For this reason, Federal law should be amended
to clearly state the responsibilities of the Chief Financial Officer
of the Department of Homeland Security to provide manage-
ment control information, for the benefit of managers within
the Department and to help inform the Congress, that permits
an assessment of the Department’s performance in executing
a homeland security strategy.
SEC. 3. CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF HOME-
LAND SECURITY.
(a) IN GENERAL.—Section 901(b)(1) of title 31, United States
Code, is amended—
(1) by redesignating subparagraphs (G) through (P) as sub-
paragraphs (H) through (Q), respectively; and
(2) by inserting after subparagraph (F) the following:
‘‘(G) The Department of Homeland Security.’’.
President. (b) APPOINTMENT OR DESIGNATION OF CFO.—The President
Deadline. shall appoint or designate a Chief Financial Officer of the Depart-
31 USC 901 note. ment of Homeland Security under the amendment made by sub-
section (a) by not later than 180 days after the date of the enactment
of this Act.
(c) CONTINUED SERVICE OF CURRENT OFFICIAL.—An individual
serving as Chief Financial Officer of the Department of Homeland
Security immediately before the enactment of this Act, or another
person who is appointed to replace such an individual in an acting
capacity after the enactment of this Act, may continue to serve
in that position until the date of the confirmation or designation,
as applicable (under section 901(a)(1)(B) of title 31, United States
Code), of a successor under the amendment made by subsection
(a).
(d) CONFORMING AMENDMENTS.—
(1) HOMELAND SECURITY ACT OF 2002.—The Homeland Secu-
rity Act of 2002 (Public Law 107–296) is amended—
(A) in section 103 (6 U.S.C. 113)—
(i) in subsection (d) by striking paragraph (4), and
redesignating paragraph (5) as paragraph (4);
(ii) by redesignating subsection (e) as subsection
(f); and
(iii) by inserting after subsection (d) the following:
‘‘(e) CHIEF FINANCIAL OFFICER.—There shall be in the Depart-
ment a Chief Financial Officer, as provided in chapter 9 of title
31, United States Code.’’; and
(B) in section 702 (6 U.S.C. 342) by striking ‘‘shall
report’’ and all that follows through the period and
inserting ‘‘shall perform functions as specified in chapter
9 of title 31, United States Code, and, with respect to
all such functions and other responsibilities that may be
assigned to the Chief Financial Officer from time to time,
shall also report to the Under Secretary for Management.’’.

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 PUBLIC LAW 108–330—OCT. 16, 2004 118 STAT. 1277

(2) FEMA.—Section 901(b)(2) of title 31, United States

Code, is amended by striking subparagraph (B), and by redesig-
nating subparagraphs (C) through (H) in order as subpara-
graphs (B) through (G).
SEC. 4. FUNCTIONS OF CHIEF FINANCIAL OFFICER OF THE DEPART-
MENT OF HOMELAND SECURITY.
(a) PERFORMANCE AND ACCOUNTABILITY REPORTS.—Section
3516 of title 31, United States Code, is amended by adding at
the end the following:
‘‘(f) The Secretary of Homeland Security—
‘‘(1) shall for each fiscal year submit a performance and
accountability report under subsection (a) that incorporates
the program performance report under section 1116 of this
title for the Department of Homeland Security;
‘‘(2) shall include in each performance and accountability
report an audit opinion of the Department’s internal controls
over its financial reporting; and
‘‘(3) shall design and implement Department-wide manage-
ment controls that—
‘‘(A) reflect the most recent homeland security strategy
developed pursuant to section 874(b)(2) of the Homeland
Security Act of 2002; and
‘‘(B) permit assessment, by the Congress and by man-
agers within the Department, of the Department’s perform-
ance in executing such strategy.’’.
(b) IMPLEMENTATION OF AUDIT OPINION REQUIREMENT.—The 31 USC 3516
Secretary of Homeland Security shall include audit opinions in note.
performance and accountability reports under section 3516(f) of
title 31, United States Code, as amended by subsection (a), only
for fiscal years after fiscal year 2005.
(c) ASSERTION OF INTERNAL CONTROLS.—The Secretary of
Homeland Security shall include in the performance and account-
ability report for fiscal year 2005 submitted by the Secretary under
section 3516(f) of title 31, United States Code, an assertion of
the internal controls that apply to financial reporting by the Depart-
ment of Homeland Security.
(d) AUDIT OPINIONS OF INTERNAL CONTROLS OVER FINANCIAL
REPORTING BY CHIEF FINANCIAL OFFICER AGENCIES.—
(1) IN GENERAL.—Not later than 180 days after the date Deadline.
of the enactment of this Act, the Chief Financial Officers
Council and the President’s Council on Integrity and Efficiency
established by Executive Order 12805 of May 11, 1992, shall
jointly conduct a study of the potential costs and benefits of
requiring the agencies listed in section 901(b) of title 31, United
States Code, to obtain audit opinions of their internal controls
over their financial reporting.
(2) REPORT.—Upon completion of the study under para-
graph (1), the Chief Financial Officers Council and the Presi-
dent’s Council on Integrity and Efficiency shall promptly submit
a report on the results of the study to the Committee on
Government Reform of the House of Representatives, the Com-
mittee on Governmental Affairs of the Senate, and the Comp-
troller General of the United States.
(3) GENERAL ACCOUNTING OFFICE ANALYSIS.—Not later than Deadline.
90 days after receiving the report under paragraph (2), the

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 118 STAT. 1278 PUBLIC LAW 108–330—OCT. 16, 2004

Comptroller General shall perform an analysis of the informa-

tion provided in the report and report the findings of the
analysis to the committees referred to in paragraph (2).
SEC. 5. FUTURE YEARS HOMELAND SECURITY PROGRAM AND HOME-
LAND SECURITY STRATEGY.
6 USC 454. Section 874 of the Homeland Security Act of 2002 (6 U.S.C.
112) is amended by striking subsection (b) and inserting the fol-
lowing:
‘‘(b) CONTENTS.—The Future Years Homeland Security Program
under subsection (a) shall—
‘‘(1) include the same type of information, organizational
structure, and level of detail as the future years defense pro-
gram submitted to Congress by the Secretary of Defense under
section 221 of title 10, United States Code;
‘‘(2) set forth the homeland security strategy of the Depart-
ment, which shall be developed and updated as appropriate
annually by the Secretary, that was used to develop program
planning guidance for the Future Years Homeland Security
Program; and
‘‘(3) include an explanation of how the resource allocations
included in the Future Years Homeland Security Program cor-
relate to the homeland security strategy set forth under para-
graph (2).’’.
SEC. 6. ESTABLISHMENT OF OFFICE OF PROGRAM ANALYSIS AND
EVALUATION.
Section 702 of the Homeland Security Act of 2002 (6 U.S.C.
342) is amended by—
(1) inserting ‘‘(a) In General.—’’ before the first sentence;
and
(2) adding at the end the following:
‘‘(b) PROGRAM ANALYSIS AND EVALUATION FUNCTION.—
Deadline. ‘‘(1) ESTABLISHMENT OF OFFICE OF PROGRAM ANALYSIS AND
EVALUATION.—Not later than 90 days after the date of enact-
ment of this subsection, the Secretary shall establish an Office
of Program Analysis and Evaluation within the Department
(in this section referred to as the ‘Office’).
‘‘(2) RESPONSIBILITIES.—The Office shall perform the fol-
lowing functions:
‘‘(A) Analyze and evaluate plans, programs, and
budgets of the Department in relation to United States
homeland security objectives, projected threats, vulner-
ability assessments, estimated costs, resource constraints,
and the most recent homeland security strategy developed
pursuant to section 874(b)(2).
‘‘(B) Develop and perform analyses and evaluations
of alternative plans, programs, personnel levels, and budget
submissions for the Department in relation to United
States homeland security objectives, projected threats,
vulnerability assessments, estimated costs, resource con-
straints, and the most recent homeland security strategy
developed pursuant to section 874(b)(2).
‘‘(C) Establish policies for, and oversee the integration
of, the planning, programming, and budgeting system of
the Department.

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 PUBLIC LAW 108–330—OCT. 16, 2004 118 STAT. 1279

‘‘(D) Review and ensure that the Department meets

performance-based budget requirements established by the
Office of Management and Budget.
‘‘(E) Provide guidance for, and oversee the development
of, the Future Years Homeland Security Program of the
Department, as specified under section 874.
‘‘(F) Ensure that the costs of Department programs,
including classified programs, are presented accurately and
completely.
‘‘(G) Oversee the preparation of the annual perform-
ance plan for the Department and the program and
performance section of the annual report on program
performance for the Department, consistent with sections
1115 and 1116, respectively, of title 31, United States
Code.
‘‘(H) Provide leadership in developing and promoting
improved analytical tools and methods for analyzing home-
land security planning and the allocation of resources.
‘‘(I) Any other responsibilities delegated by the Sec-
retary consistent with an effective program analysis and
evaluation function.
‘‘(3) DIRECTOR OF PROGRAM ANALYSIS AND EVALUATION.—
There shall be a Director of Program Analysis and Evaluation,
who—
‘‘(A) shall be a principal staff assistant to the Chief
Financial Officer of the Department for program analysis
and evaluation; and
‘‘(B) shall report to an official no lower than the Chief
Financial Officer.
‘‘(4) REORGANIZATION.—
‘‘(A) IN GENERAL.—The Secretary may allocate or
reallocate the functions of the Office, or discontinue the
Office, in accordance with section 872(a).
‘‘(B) EXEMPTION FROM LIMITATIONS.—Section 872(b)
shall not apply to any action by the Secretary under this
paragraph.’’.
SEC. 7. NOTIFICATION REGARDING TRANSFER OR REPROGRAMMING
OF FUNDS FOR DEPARTMENT OF HOMELAND SECURITY.
Section 702 of the Homeland Security Act of 2002 (6 U.S.C.
342) is further amended by adding at the end the following:
‘‘(c) NOTIFICATION REGARDING TRANSFER OR REPROGRAMMING
OF FUNDS.—In any case in which appropriations available to the
Department or any officer of the Department are transferred or
reprogrammed and notice of such transfer or reprogramming is
submitted to the Congress (including any officer, office, or Com-
mittee of the Congress), the Chief Financial Officer of the Depart-
ment shall simultaneously submit such notice to the Select Com-
mittee on Homeland Security (or any successor to the jurisdiction
of that committee) and the Committee on Government Reform of

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 118 STAT. 1280 PUBLIC LAW 108–330—OCT. 16, 2004

the House of Representatives, and to the Committee on Govern-

mental Affairs of the Senate.’’.

Approved October 16, 2004.

LEGISLATIVE HISTORY—H.R. 4259 (S. 1567):

HOUSE REPORTS: No. 108–533, Pt. 1 (Comm. on Government Reform).
SENATE REPORTS: No. 108–211 accompanying S. 1567 (Comm. on Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 150 (2004):
July 20, considered and passed House.
Sept. 29, considered and passed Senate.

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